[Federal Register Volume 59, Number 108 (Tuesday, June 7, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-13798]


[[Page Unknown]]

[Federal Register: June 7, 1994]


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DEPARTMENT OF TRANSPORTATION
33 CFR Part 117

[CGD07-93-026]
RIN 2115-AE47

 

Drawbridge Operation Regulations; Atlantic Intracoastal Waterway, 
FL

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to limit the number of openings of 
the East Sunrise Boulevard Drawbridge, mile 1062.6 at Fort Lauderdale 
during certain periods. This proposal is being made to relieve highway 
congestion created by back-to-back bridge openings while still meeting 
the reasonable needs of navigation.

DATES: Comments must be received on or before August 8, 1994.

ADDRESSES: Comments may be mailed to Commander (oan), Seventh Coast 
Guard District, 909 SE 1st Avenue, Miami, Florida 33131-3050, or may be 
delivered to room 406 at the above address between 7:30 a.m. and 4 
p.m., Monday through Friday, except Federal holidays. For information 
concerning comments, the telephone number is 305-536-4103.
    The Commander, Seventh Coast Guard District maintains the public 
docket for this rulemaking. Comments will become part of this docket 
and will be available for inspection or copying at the above address.

FOR FURTHER INFORMATION CONTACT:
Brodie Rich, Project Manager at (305) 536-4103.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written data, views, or arguments. 
Persons submitting comments should include their names and addresses, 
identify this rulemaking [CGD07-93-026] and the specific section of 
this proposal to which each comment applies, and give the reason for 
each comment. The Coast Guard requests that all comments and 
attachments be submitted in an unbound format suitable for copying. If 
not practical, a second copy of any bound material is requested. 
Persons wanting acknowledgment of receipt of comments should enclose a 
stamped, self-addressed postcard or envelope.
    The Coast Guard will consider all comments received during the 
comment period. It may change this proposal in view of comments.
    The Coast Guard plans no public hearing. Persons may request a 
public hearing by writing to Mr. Brodie Rich at the address under 
``ADDRESSES''. The request should include reasons why a hearing would 
be beneficial. If it determines that the opportunity for oral 
presentations will aid this rulemaking, the Coast Guard will hold a 
public hearing at a time and place announced by a later notice in the 
Federal Register.

Drafing Information

    The principal persons involved in drafting this document are Brodie 
Rich, Project Manager and LT J. M. Losego, Project Counsel.

Background and Purpose

    This new drawbridge presently opens on signal. Congressman E. Clay 
Shaw, Jr. requested that the Coast Guard conduct a study to determine 
whether scheduled openings would improve traffic conditions in the 
area. The bridge owner (Florida Department of Transportation) 
recommended hour and half-hour openings on weekdays and 20-minute 
openings on weekends during the season to reduce traffic delays. A 
Coast Guard evaluation of the proposal concluded that the very light 
highway traffic levels for this six-laned roadway and the frequency of 
bridge openings did not justify the proposed opening schedules. 
However, in order to eliminate back-to-back openings during the tourist 
season which create traffic congestion, a 15-minute opening schedule 
appears to be warranted.

Discussion of Proposed Amendments

    The Coast Guard tested a 15-minute opening schedule between 10 a.m. 
and 6 p.m. daily from December 1, 1993 through January 30, 1994, 
pursuant to a published Notice of Deviation (58 FR 65668; December 16, 
1993). No comments were received in response to the Notice of 
Deviation. The results of the test indicated traffic backups created by 
back-to-back openings were reduced. The proposed rule would allow for a 
15-minute opening schedule to cover the period from 10 a.m. to 6 p.m. 
daily during the season (November 15th through May 15th).
    This schedule should eliminate back-to-back openings and help to 
reduce traffic delays without unreasonably impacting navigation.

Regulatory Evaluation

    This proposal is not a significant regulatory action under section 
3(f) of Executive Order 12866 and does not require an assessment of 
potential costs and benefits under section 6(a)(3) of that order. It 
has been exempted from review by the Office of Management and Budget 
under that order. It is not significant under the regulatory policies 
and procedures of the Department of Transportation (DOT) (44 FR 11040; 
February 26, 1979). The Coast Guard expects the economic impact of this 
proposal to be so minimal that a full Regulatory Evaluation under 
paragraph 10e of the regulatory policies and procedures of DOT (44 FR 
11040; February 26, 1979) is unnecessary. We conclude this because the 
rule exempts tugs with tows.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this proposal will have a significant 
economic impact on a substantial number of small entities. ``Small 
entities'' include independently owned and operated small businesses 
that are not dominant in their field and that otherwise qualify as 
``small business concerns'' under section 3 of the Small Business Act 
(15 U.S.C. 632).
    Since tugs with tows are exempt from this proposal, the economic 
impact is expected to be so minimal, the Coast Guard certifies under 5 
U.S.C. 605(b) that this proposal, if adopted, will not have a 
significant impact on a substantial number of small entities.

Collection of Information

    This proposal contains no collection of information requirements 
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

    The Coast Guard has analyzed this proposal under the principles and 
criteria contained in Executive Order 12612, and has determined that 
this proposal does not have sufficient federalism implications to 
warrant the preparation of a Federalism Assessment.

Environment

    The Coast Guard considered the environmental impact of this 
proposal and concluded that, under section 2.b.2.g(5) of Commandant 
Instruction M16475.1B, promulgation of operating requirements or 
procedures for drawbridges is categorically excluded from further 
environmental documentation. A Categorical Exclusion Determination is 
available in the docket for inspection or copying where indicated under 
ADDRESSES.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons set out in the preamble, the Coast Guard proposes 
to amend 33 CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

    1. The authority citation for part 117 continues to read as 
follows:

    Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 CFR 1.05-1(g).

    2. Section 117.261 is amended by adding a new paragraph (gg) to 
read as follows:


Sec. 117.261  Atlantic intracoastal waterway.

* * * * *
    (gg) The draw of the East Sunrise Boulevard drawbridge (SR 838), 
mile 1062.6, at Fort Lauderdale shall open on signal; except that from 
November 15 to May 15, from 10 a.m. to 6 p.m., the draw need open only 
on the hour, quarter-hour, half-hour and three-quarter hour.
* * * * *
    Dated: May 18, 1994.
W.P. Leahy,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 94-13798 Filed 6-6-94; 8:45 am]
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